4pm

Judge suspends deportations to Congo

The home secretary, Jacqui Smith, has been ordered by a high court judge to suspend deporations of failed asylum seekers to the Democratic Republic of Congo.

Mr Justice Collins heard evidence that some of those returned by the UK had suffered rape and torture by Congo officials or agents after arriving at Kinshasa by charter plane.

Ten failed asylum seekers brought the action after Ms Smith refused to halt a charter flight to Congo scheduled for August 30.

Their lawyer, Christopher Jacobs, argued the removals should not go ahead until after an asylum and immigration tribunal (AIT) hearing in September to evaluate whether the country is safe for returned asylum seekers.

Lisa Bush, for the home secretary, said there was strong evidence Congo was a safe destination and many of the claims were lies or exaggerations. But Mr Collins said in his ruling: "I don't consider it would be reasonable for the secretary of state to take the attitude that she can continue to remove."

He said Ms Smith must either accept she could not remove any failed asylum seekers until the AIT made its finding or take the case to appeal. "In the meantime she must not remove any failed asylum seekers."

Mr Jacobs had said that if any of his evidence was heard at the AIT, 70 people aboard the August 30 charter flight would be at risk of torture. He said the tribunal would hear evidence from former Congo immigration officers and security staff on what happened to some of those on a February charter flight, and from victims of torture, beatings and rape.

Miss Bush told the judge there was "no realistic possibility" those returned would be at risk.

The judge said: "Difficult decisions have to be made. But you are playing with people's lives and if you get it wrong the decision may affect whether a person lives or dies or whether they are dealt with in an appalling fashion."

He said he understood the home secretary was under pressure from those trying to stem the tide of immigration but "if you chose to take the job then you are landed with these sorts of pressures".